Druce could be released from jail in March

Ex-lawmaker, confined for fatal hit-run, has made parole request.

February 04, 2006|By Pervaiz Shallwani Of The Morning Call

Thomas Druce, the one-time Bucks County lawmaker and rising star in the Republican Party, could get out of prison next month after serving a minimum two-year sentence for the hit-and-run death of a pedestrian.

Druce, 44, who pleaded guilty in September 2000 and fought confinement all the way to the state Supreme Court, is eligible to be paroled March 11 from Laurel Highlands State Prison in Somerset County.

The former state representative from Chalfont met with a parole board hearing officer in December and is waiting for the board's decision, which will be issued "within the next month," parole board spokesman Bob Bushey said.

Dauphin County District Attorney Ed Marsico and the family of Kenneth Cains, whom Druce struck and killed on a Harrisburg street in 1999, have asked the parole board to keep Druce in prison for the maximum four years of his sentence.

"Ever since he pled guilty to the crime, he has shirked responsibility, fighting his sentence with every legal tool," said Marsico, who keeps the Cains family informed of all proceedings in the case and spoke on their behalf. "It seems to me, he is somebody who has not accepted responsibility for his actions.

"He pled guilty because he knew legally it was the right thing to do," Marsico said, "but he never really came out and said, "I knew what I was doing was wrong."'

Druce has been part of the labor team that cuts grass, plants flowers and plows snow at the minimum-security prison, said Betsy Nightingale, Laurel Highlands press officer. One of about 900 inmates, he lives in dormitory-style housing like the others, she said.

"As far as I know, he has been fine" as a prisoner, Nightingale said.

Druce's attorney, William Costopoulos, said his client has been a model inmate and argued it's unfair to keep him in prison after he has played by the legal rules.

"He has accepted full responsibility for the wrong that he committed," Costopoulos said. "If he didn't accept full responsibility, his plea would not have been accepted.

"He poses no risk of flight and no risk of danger, and it is time for him to get on with his life and time for him to go home. I just think it is inappropriate to use confinement as a tool to extract from him whatever they want. There is nothing you can do to bring back the life of the person that died. It's time to move on for everybody."

Druce pleaded guilty to hit-and-run, insurance fraud and tampering with evidence in the death of Cains, 42, a Marine Corps veteran whom police described as an unemployed handyman. He was hit as he crossed a street near the Capitol about 10:30 p.m. July 27, 1999.

Druce left the scene and soon after had his state-bought sport utility vehicle repaired. He traded it in for a newer model and lied to his insurance company, saying he hit a sign on the Pennsylvania Turnpike.

Druce was charged in January 2000 after police received an anonymous tip in a Christmas card. He was jailed that October, but released on bail two months later after he appealed the sentence. He appealed it several times before a final rebuff by the state Supreme Court in April 2004, and returned to prison the next month.

A hearing officer and one parole board member will decide whether to release Druce or keep him in prison, Bushey said. If the two split the decision, which is rare, Bushey said, another parole board member would break the tie.

pervaiz.shallwani@mcall.com

215-529-2613

*** THOMAS DRUCE:

A TIMELINE

July 27, 1999: Kenneth Cains, an ex-Marine from Harrisburg, is struck and killed by a sport utility vehicle while crossing a street near the Capitol at night. The coroner said Cains was intoxicated.

Jan. 19, 2000: Police charge Thomas Druce, a Bucks County Republican serving his fourth two-year term in the state House of Representatives, with vehicular homicide, leaving the scene of a fatal accident, tampering with evidence, insurance fraud and other offenses in connection with Cains' death.

Sept. 11, 2000: Druce pleads guilty to leaving the scene of a fatal accident, tampering with evidence and insurance fraud.

Sept. 25, 2000: Druce resigns from the state House of Representatives.

Oct. 1, 2000: The Associated Press publishes a story quoting Druce's trial judge, Dauphin County President Judge Joseph Kleinfelter, as saying he was puzzled by Druce's continued insistence that he was not aware he had hit a person on the night of the accident.

Oct. 11, 2000: Kleinfelter rejects a defense request that he recuse himself from sentencing Druce because of his remarks to The AP.

Oct. 27, 2000: Kleinfelter sentences Druce to two to four years in prison. Druce is taken in shackles and handcuffs to the state prison in nearby Camp Hill to begin serving his time.

Oct. 31, 2000: Druce's lawyers file their appeal of the sentence in county court, alleging that Kleinfelter's comments were "inappropriate" and reflected "unacceptable bias. " They also ask the state Superior Court to allow Druce to be freed on bail while his appeal is pending.